Carter v. Clark

The appellants’ complaint seeks the review of a judgment rendered on a demurrer to a complaint in an action instituted by them against the appellees.

The contention of appellants’ counsel is that a grant by county commissioners, to a private gravel road corporation, of the right to occupy and use a public highway for a gravel road, does not confer authority to dig into or disturb the surface of the ground occupied by the public road. We are of a different opinion. The grant by the county commissioners confers the easement owned by the county, and this embraces the right to improve and use the…